Page:United States Statutes at Large Volume 102 Part 2.djvu/204

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 1208

PUBLIC LAW 100-418—AUG. 23, 1988 tion is of a type that should not be released under administrative protective order,"; (2) by amending subsection (c)(l)— (A) by amending subparagraph (A) to read as follows: "(A) IN GENERAL.—Upon receipt of an application (before or after receipt of the information requested) which describes in general terms the information requested and sets forth the reasons for the request, the administering authority or the Conunission shall make all business proprietary information presented to, or obtained by it, during a proceeding (except privil^ed information, classified information, and specific information of a type for which there is a clear and compelling need to withhold from disclosure) available to interested piarties who are parties to the proceeding under a protective order described in subparagraph (B), r^ardless of when the information is submitt^ during a proceeding."; and (B) by adding at the end thereof the following new subparagraphs: "(C) TIME LIMITATION ON DETERMINATIONS.—The admin-

istering authority or the Commission, as the case may be, shall determine whether to make information available under this paragraph— "(i) not later than 14 days (7 d a ^ if the submission pertains to a proceeding under section 703(a) or 733(a)) after the date on which the information is submitted, or "(ii) if— "d) the person that submitted the information raises objection to its release, or "(ID the information is unusually voluminous or complex, not later than 30 days (10 days if the submission pertains to a proceeding under section 703(a) or 733(a)) after the date on which the information is submitted. "(D) AVAILABILITY AFTER DETERMINATION.—If the deter-

mination under subparagraph (C) is affirmative, then— "(i) the business proprietary information submitted to the administering authority or the Commission on or before the date of the determination shall be made available, subject to the terms and conditions of the protective order, on such date; and "(ii) the business proprietsury information submitted to the administering authority or the Commission after the date of the determination shall be served as required by subsection (d). "(E) FAILURE TO DISCLOSE.—If a person submitting information to the administering authority refuses to disclose business proprietary information which the administering authority determines should be released under a protective order described in subparagraph (B), the administering authority shall return the information, and any nonconfidential summary thereof, to the person submitting the information and summary and shall not consider either."; (3) by striking out "or the (Dommission denies a request for proprietary information submitted by the petitioner or an in-